The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-17
Askisg the Interstate Commissien
for This aud That Privilege
A Californian Complains
THAT HE CANNOT SHIP REFRIG.
. ORATORS TO Los. ANGELES.
Under the Present Condition Of
Affairs There Is Certain
Treable Brewing.
TIE REVIVAL OF DISCUSSING
SHODDYIsM..
The President Thinks He Must
Have q Private Entrance 10 the
Theater-Whitney's Kid.

WASHINGTON, April 16.-A Western
arm OF lawyers, OF whom the Inter
state Commences Commissioners have
never before heard, have ssked per-
mission TO make use OF the Commits.
Bioners' names as references. !"
A Pennsylvania man asks TO be in
formed IL that State can tax him for
representing q New England manu-
iscturipg company "by sample only"
He complains that the State Is "trying
10 work q 20 called mercantile tax on
anyone who has an Office for head
quarters TO receive letters and cam
pies and write letters" A Californian
complains that he cannot send re-
irigerstors to Los Angeles under the
present condition Of things, and sske
relief. These are samples Of hun
dreds OF letters upon irrelevent mat
tiers received by the Commission
every day. The Commission has
promised TO hear next Tuesday the
representatives OF the Boston interests
who seek authority for the railroads
TO make rates from the West to that
city to meet thoee made by
roads whose termini are at
New York. No day has been
assigned for hearing the Representa-
tives OF California interests seeking
relief for the transcontinental roads
from the operations Of the long and
short haul clause, but they are ex-
pected some day next week. Holmes
Oummins, general counsel for the
Louisville, New Orleans and Texas
Railroad Company, addressed the
Commission In support OF petition
fled by that company. He described
the line Of tbs road and said II touched
the Mississippi at both termini and at
several intermediate points, but lay at
an average OF twenty-five miles from
the river along most OF Its route. 1t
thus came into direct competition
with wRttr lines at several points and
1t became necessary to give lower rates
to retain the business. he lied tched-
ules published by the barge and steam
boat lines, showing thai they made
lower rates to the competing points
than at way landings. He then dis.
cusstd the intentions OF the trainers OF
the interstate commerce law, and said
that while they had forbidden an in
crease oil rates without due notice,
they had left full liberty to make re.
auctions at will. This he held TO be
an evidence OF q purpose to encourage
and promote competitiop, such as his
road proposed and wished to continue.
The Senate, he argued, had
In view these very circumstances
when by q unsnimous vote 1t inserted
In the bill the words, "under similar
circumstances and conditions" He
quoted opinions expressed by Senator
Cullom, in debate, in support Of the
theory that this amendment was in-
tended to relieve the absolutism of the
original bill. The law-making body,
he thought, had also in mind the de.
cisions OF the courts, both State aud
Federal, upon this point. Sew
eral of these decisions he cited briefly.
He argued thstit WAS individual dis
elimination which was obnoxious to
the law, and that discrimination which
treated all alike, discrimination which
was necessary, ae in the case OF his com
pany, to secure share OF competing
traffic, was not to bs disturbed. b.
lieving this to be the right interpreta-
ton Of the law, his company in the
utmost good faith was acting in accord
ance with II, but II 1t were, in the
Judgment OF the Commission, an er-
roneous in depreciation, then he ssked
the relief described in the petition
namely, the privilege OF meeting the
water lines at competing points. The
northern connecting lines from Kan
sas City and g.. Louis to Memphis
held differently, believing ii illegal 10
make lower Ia es for long than short
hauls, uuder any circumstances,
unless expressly authorized by
the mmission. Owing to this
divergence oil opinion, through traffic
was now suspended. This was an ad-
ditional reason for q prompt decision
OF the point by the commission. Mr..
Oummins also stated that the asso
ciated lines, in whose behalf the long
and fhort haul clause was temporarily
suspended ten days ago, were, under
their Interpretation Of that order, max.
ing rates 70 interior points which his
road was unable TO meet. As he was
about TO conclude mis- remarks his az.
tention was called to complaint from
Port Gibson, La, charging his road
with unjust disurimin alton against that
place asd Ia favor OF Vicksburg. The
Complaint Set forth that the rate upon
cotton from Port Gibson to New Or
leans was 81 rs per bale, while for the
longer haul from Vicksburg only "a
cents was charged. The people. 1t said
hal expected lower rates % an effect
Of the Interstate commerce law. One
thousand bales were now awaiting
shipment.
Mr.. Oummins said he pleai guilty
to everything ota'ged. This was ex
actly what his road was doing, anC
what 1t asked leave to continue to do
The rates given by the road from Por
Gibson are, hs said, fully 81 bali
lower than the prices paid for hauling
before the roa1 was built.
Howard Morris, attorney, and Mr.
William 8. Miller, general mansge
OF the Wisconsin Central lines, pre-
sented a petition and brief In it, sup
port, asking that the operation of th,
long and ehoit haul clause be suspend
ed In so far ~ 1t prevented them from
accepting trsfi, at rates fixed by wste
lines and more direct rail lines be
tween their various terminal points
They set forth orally that the denial @
this privilege would compel then
either to rsduce local rates below tn
paving point or abandon all througI
businces.
A printed petition has been receive
by the Commission from the low
Barb Steel Wire Company, Of Ma
shalltown, Ia, stating that mp to II
lat of the present month that comps
nv has had an "equsliEed rae" ,
freight charges upon it's receipts an
shipments, that is, the through rs
from Chicago to the Missouri riv,
being % cente, the company ha' pa
is cents for bringing iis raw materi
from Chicago 10 Marshall'own, and
cents for Transporting it's finished pr
duct from Marshalltown to the Nj
souri,. Under this arrangement IT hi
built up e reasonably pref able bur